Robert Zaklada v. Patryk Kornas (2011)

MEMORANDUM OF DECISION

In this matter a hearing in damages was heard on July 15, 2011, after a default judgment was entered against the defendant for failure to appear.

The plaintiff, Robert Zaklada, testified before the court that on or about January 13, 2007, he gave to the defendant a 2003 Dodge Caravan, a 2001 Ford minivan and $2,000 in cash and in exchange the defendant would provide to the plaintiff a 2003 Acura.   The defendant took the vehicles and the cash from the plaintiff and failed and refused to turn over the Acura motor vehicle as promised.   Despite several demands made upon the defendant for the return of plaintiff's property, the defendant failed and refused to do so and kept the motor vehicles and cash for his own use thereby depriving the plaintiff of his property.

The court finds that the defendant wrongfully took the plaintiff's $2,000 in cash as well as the 2003 Dodge Caravan valued at $6,250 and the 2001 Ford Minivan valued at $2,065, for a total ¹ award of $10,315 in damages.

BY THE COURT

Denise D. Markle, Judge

FOOTNOTES

FN1. The plaintiff offered evidence as to the valuation of the motor vehicles as of the date of the hearing in damages only.   The plaintiff failed to submit a bill of costs to the court prior to or at the time of the hearing..  FN1. The plaintiff offered evidence as to the valuation of the motor vehicles as of the date of the hearing in damages only.   The plaintiff failed to submit a bill of costs to the court prior to or at the time of the hearing.

Markle, Denise D., J.